Introduction of BNS 228
BNS 228 deals with fabricating false evidence, which means deliberately creating or altering records, documents, or circumstances to mislead a court or public servant. The section criminalizes false entries, forged documents, or manipulated electronic records made with the intent to deceive legal proceedings. It ensures that justice is not corrupted by fake evidence and punishes offenders with imprisonment, a fine, or both.
The Bharatiya Nyaya Sanhita (BNS) Section 228 replaces the old Indian Penal Code (IPC) Section 192.
What is BNS Section 228 ?
BNS Section 228 of the Bharatiya Nyaya Sanhita (BNS) makes it a crime for anyone who fabricates evidence by making false entries in books, records, or documents, or by manipulating any evidence with the intent to mislead a judicial or legal proceeding. The goal is to deceive those who are in charge of forming an opinion about the case, such as judges, public servants, or arbitrators, and to cause an erroneous conclusion.
Under Section 228 of the bns act 2023
“Whoever causes any circumstance to exist, or makes any false entry in any book, record, or electronic document, or makes any document containing a false statement, intending that such false evidence shall appear in any stage of a judicial proceeding or before a public servant, and intending to cause any person to form an erroneous opinion, is said to fabricate false evidence.”
1. Meaning of “Fabricating False Evidence”
- It means creating or altering something falsely so that it looks like real evidence in a case.
- This can include false entries in books, forged documents, manipulated electronic records, or staged circumstances.
- The intention must be to mislead judges, police, or other authorities in a legal matter.
2. Who is Covered?
This section applies to:
- Individuals creating fake records/documents for use in court.
- People forging letters, signatures, or contracts to implicate others.
- Those staging false circumstances (e.g., planting objects to frame someone).
- Anyone producing false electronic records like emails, SMS, digital files to mislead proceedings.
3. Nature of the Offence
- Bailable → Accused can get bail during trial.
- Non-cognizable → Police need a court’s permission before arrest.
- Non-compoundable → Cannot be settled outside court.
- Triable by any Magistrate → Can be heard by local magistrates.
4. Examples of BNS Section 228
Example 1 – Planting Evidence
A places a stolen ring in B’s house to frame him for theft. When police find it, it looks like B is guilty. A has fabricated false evidence.
Example 2 – Forged Document
C forges a letter in D’s handwriting showing D is part of a conspiracy. The letter is placed before investigators. This is fabricating false evidence.
Example 3 – Digital Evidence
E edits an email to make it appear that F accepted a bribe. Submitting this fake email in court is fabricating false evidence.
5. Punishment under BNS Section 228
- Imprisonment → Can be awarded depending on severity (usually up to 3 years or more in aggravated cases under later sections).
- Fine → Monetary penalty as decided by court.
- Both → Court may impose imprisonment + fine.
6. Importance of BNS Section 228
- Protects the integrity of the justice system.
- Prevents innocent people from being framed.
- Deters people from tampering with documents or digital records.
- Ensures that judges and public servants base decisions on real evidence.
Section 228 BNS Overview
BNS Section 228 defines the offence of fabricating false evidence, which occurs when someone deliberately creates, alters, or makes false statements in records, documents, or even physical circumstances to deceive a legal process. The intent is to mislead judges, public servants, or arbitrators into forming a mistaken opinion about a case. This act can disrupt legal proceedings, leading to unfair decisions and injustice.
BNS Section 228: 10 Key Points Explained in Detail
- Definition of Fabrication
BNS Section 228 defines the act of fabricating false evidence as the deliberate creation or alteration of records, documents, or even circumstances to mislead a judicial or legal process. This includes making false entries in books, records, or documents with the intent that they be used in legal proceedings to mislead a judge, public servant, or arbitrator. Fabrication can also involve manipulating physical circumstances, such as placing an object in a location to influence the outcome of a case. - Intent to Mislead
The key element of this section is the intent behind fabricating evidence. The person committing the act must intend to deceive the legal system, i.e., they aim to influence the outcome of a legal proceeding by creating false evidence. Without this intent, the action would not be considered as “fabricating false evidence” under the law. - Types of Evidence That Can Be Fabricated
Fabrication of evidence can be done in several ways, including:- False entries in records or books
- Creation of forged documents
- Alteration of physical evidence or documents
- Creating false circumstances (e.g., placing an object in a location to mislead investigators) This section applies to both physical and electronic records.
- Impact on Legal Proceedings
The goal of fabricating evidence is to make someone believe something that is false, which can ultimately influence their judgment. This could lead to an unfair or incorrect outcome in a trial, investigation, or any legal proceeding. The fabricated evidence may cause the decision-maker (judge, public servant, arbitrator) to form an erroneous opinion, resulting in unfair justice. - Judicial and Public Servant Influence
Fabricated evidence is presented to judicial officers (e.g., judges) or public servants (e.g., police officers, arbitrators) to mislead them. The fabricated evidence could be part of a trial or investigation where the person responsible for presenting the case may rely on this false evidence to decide on guilt, innocence, or liability. - Electronic and Physical Records
Both physical records (like books, documents, or letters) and electronic records (like emails, text messages, or digital files) fall under this section. Manipulating digital evidence, for example, forging emails or altering digital documents, is considered fabricating false evidence under BNS Section 2228. - False Statements in Court
In some cases, fabrication can occur in the form of verbal or written false statements. For example, someone may create a forged signature or document and present it as real during a court hearing or legal proceeding, with the intent to mislead the court or the public servant involved. - Criminal Consequences
The person caught fabricating false evidence faces serious consequences under the law. If convicted, they may face imprisonment, fines, or both. The exact punishment will depend on the severity of the offence and the impact on the legal process. - Examples of Fabricating Evidence
The law provides examples, such as placing jewels into someone else’s possession to make it appear as though they are guilty of theft. Another example could be forging a letter in someone’s handwriting to make it seem like they were involved in a conspiracy. - Bailable Offence
Fabricating false evidence is classified as a bailable offence under this section. This means that the accused can be released on bail by fulfilling certain conditions set by the court. However, it remains a serious offence, and the person found guilty will face legal repercussions.
Simple Examples of Fabricating False Evidence (BNS Section 228)
- Example 1: Placing False Evidence
A man (A) wants to frame his neighbor (B) for a theft. A secretly places B’s missing watch inside a drawer in B’s house, knowing that police officers are likely to search the house. When the police find the watch, it appears as though B is guilty of theft. In this case, A has fabricated false evidence with the intention to mislead the investigation and cause an unjust conviction. - Example 2: Forging a Document
A person (C) wants to make it seem like their rival (D) is part of a criminal conspiracy. C forges a letter in D’s handwriting, which discusses illegal activities and is intended to implicate D. C then leaves the forged letter in a location where police officers are likely to find it. This act of forging and planting the document constitutes fabricating false evidence under Section 228.
Comparison Table: BNS Section 228 vs IPC Section 192
| Section | What it Means | Punishment | Bail | Cognizable? | Trial By |
|---|---|---|---|---|---|
| BNS Section 228 | Covers fabricating false evidence by creating, altering, or forging any record, document, or electronic data with the intent to mislead a court or public servant. It protects the justice system from deception. | Imprisonment up to 3 years, or fine, or both, depending on the case severity. | Bailable | Non-Cognizable | Any Magistrate |
| IPC Section 192 (Old) | Defined fabricating false evidence as creating false entries, documents, or circumstances to mislead a judge or public officer. It applied mainly to physical and written records. | Imprisonment up to 3 years, or fine, or both (punishment detailed in IPC 193–196). | Bailable | Non-Cognizable | Any Magistrate |
| Key Difference: BNS 228 modernizes IPC 192 by clearly including digital and electronic records as false evidence. It strengthens legal protection against manipulation of online data, ensuring fairness in both physical and digital legal proceedings. | |||||
BNS Section 228 FAQs
What is BNS Section 228 about?
BNS Section 228 is about the offence of fabricating false evidence by creating or altering documents, records, or circumstances to mislead a legal or judicial proceeding.
What kind of evidence can be fabricated?
Evidence can be fabricated through physical documents, electronic records, or even by creating false circumstances that influence the outcome of a legal case.
What is the intent behind fabricating false evidence?
The intent is to deceive judicial officers, public servants, or arbitrators by providing false information, thereby affecting their decisions.
What are the punishments for fabricating false evidence?
The punishment may include imprisonment, fines, or both, depending on the severity of the offence.
Is fabricating evidence a bailable offence?
Yes, fabricating false evidence is a bailable offence, meaning the accused can be released on bail after fulfilling the conditions set by the court.
Who can try a case involving fabricated evidence?
Any Magistrate can try a case where a person is charged with fabricating false evidence under Section 228 of the BNS.
Conclusion
BNS Section 228 is a vital safeguard against dishonesty in judicial and legal proceedings. By punishing those who create false records, documents, or circumstances, it ensures that justice is based on truth, not deception. The law protects both the courts and individuals from being misled, reinforcing fairness and trust in the legal system.
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Finished with BNS 228 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- BNS 229 : Punishment for false evidence.
- https://marriagesolution.in/bns_section/bns-229/
- BNS 230 : Giving or fabricating false evidence with intent to procure conviction of capital offence.
- https://marriagesolution.in/bns_section/bns-230/
- 231 BNS : Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment.
- https://marriagesolution.in/bns_section/231-bns/
- 238 BNS : Hiding or destroying evidence of a crime, or giving false information to protect the criminal.
- https://marriagesolution.in/bns_section/238-bns/
- 239 BNS : Intentional omission to give information of offence by person bound to inform.
- https://marriagesolution.in/bns_section/239-bns/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
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Full BNSS Section List: https://marriagesolution.in/bnss_section-list